FISHERIES REGULATIONS 1992
107JApproval to use finfish trawl gear
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107J Approval to use finfish trawl gear (1) The holder of a DF licence may apply to the Joint Authority for approval to use finfish trawl gear under the licence during a particular licence year.
Fisheries Regulations 1992 99 (2) The Joint Authority must not grant the approval unless the DF licence has attached to it at least: (a) 20 000 quota units for goldband snapper; and (b) 400 000 quota units for red snapper; and (c) 100 000 quota units for grouped fish. (3) If the Joint Authority grants the approval, the approval applies to the holder in relation to the DF licence until the end of the licence year in relation to which the approval is granted, unless it is sooner revoked under subregulation (4). (4) The approval is revoked when quota units attached to the DF licence are transferred if, immediately after the transfer, the number of quota units for each species group attached to the licence is not equal to or greater than the number of quota units mentioned in 107K Use of finfish trawl gear or vessel with finfish trawl gear on board (1) The holder of a DF licence must not do any of the following: (a) take finfish trawl gear onto, or keep finfish trawl gear on, a vessel other than the mother boat for the licence; (b) use finfish trawl gear from the mother boat for the licence while the vessel monitoring system fitted to the boat is not operating. (2) The holder of a DF licence must not use finfish trawl gear outside the trawl zones. (3) The holder of a DF licence commits an offence if: (a) a vessel is being used for fishing under the licence; and (b) there is finfish trawl gear on the vessel; and (c) any of the following are also on the vessel: (i) vertical lines; (ii) drop lines;
Fisheries Regulations 1992 100 (iii) finfish long-lines; (iv) fish-traps. (4) The holder of a DF licence commits an offence if: (a) a vessel being used for fishing under the licence is navigated in the prohibited area; and (b) there is finfish trawl gear on the vessel; and (c) information given by the vessel monitoring system fitted to the vessel shows that, at any time while moving in the prohibited area the vessel travelled at a speed of less than 5 nautical miles per hour as worked out under subregulation (6). (5) Subregulation (4) does not apply if: (a) the vessel travels at a speed of less than 5 knots only immediately before and after being stationary; or (b) the Joint Authority gives the holder approval for the vessel to be navigated in the prohibited area and the vessel is navigated in accordance with any instructions given by the Joint Authority. (6) For subregulation (4)(c), to work out a vessel's speed: (a) for each consecutive pair of points identified by the vessel monitoring system fitted to the vessel, identify the shortest distance between the pair of points in a straight line; and (b) divide the distance by the time taken by the vessel to travel between the two points. prohibited area means anywhere outside the Darwin port, Gove port and trawl zones. 107KA Maintenance and operation of VMS (1) The holder of a DF licence must maintain the vessel monitoring